Southeast Missouri Car Accident Lawyer Blog

As Cape Girardeau auto accident lawyers, we know that railroad crossings can pose many dangers to motorists and pedestrians alike. According to Operation Lifesaver, a motorist involved in an accident with a train is 20 times more likely to suffer fatal injuries than a motorist involved in an accident with another motor vehicle. Freight trains are often on the rails, but do not always travel on a schedule. Motorists should always be prepared for a train when approaching a highway-rail intersection. Also, remember that trains may approach from either direction. Train cars are sometimes pushed by locomotives instead of being pulled, so a train could be moving in any direction at any time. An average locomotive's weighs about 400,000 pounds (or 200 tons), and can weigh as much as 6,000 tons. Because of its massive size and weight, a train traveling at 55 mph requires more than a mile (or the length of 18 football fields) to come to a complete stop. Trains simply can't stop suddenly: therefore, it is imperative for motorists and pedestrians to steer clear of train tracks unless crossing at a public roadway.

Sometimes, however, even the most cautious driver can't avoid an accident. Recently, seven people were injured near Rockview, Missouri after derailed rail cars slammed into the pillars of the Highway M overpass. According to the Southeast Missourian, The sequence of events was triggered when a Union Pacific train hit the side of a Burlington Northern Santa Fe train at a rail intersection, causing both trains to derail. Subsequently, the derailed cars hit supporting columns of the overpass, causing two 40 foot sections of the bridge to buckle and igniting a diesel fire in one of the train's locomotives. The fire was quickly extinguished.

At the time of the incident, there were two cars on the bridge carrying a total of passengers, all of whom were taken to Saint Francis Medical Center in Cape Girardeau, along with a train conductor and an engineer. Thankfully, no one was seriously injured and all seven victims were treated and released. Currently, the National Transportation Safety Board (NTSB) is investigating factors that may have contributed to the accident.

In 2012, there were 50 collisions at Missouri highway-rail grade crossings, which resulted in nine fatalities, according to The Federal Railroad Administration. However, since the beginning of Operation Lifesaver in 1972 to 2012, the number of fatal accidents involving trains has decreased by 83%. Train accidents involving vehicles and pedestrians can be fatal, but are very preventable. The number of fatalities involving trains can continue to decrease with motor and pedestrian awareness.

Continue reading "Missouri accident involving two trains causes partial bridge collapse, injures 7" »

Our southeast Missouri car accident lawyers know that texting and driving isn't just irresponsible - it can lead to deadly car accidents resulting in serious, life-threatening injuries. Recently, a Utah driver was charged with automobile homicide after she allegedly caused a serious crash that killed a pedestrian and injured another driver and pedestrian. According to the St. George Daily Spectrum, 50 year-old Carla Lynn Brennan rear-ended another vehicle on March 4, causing that vehicle to careen onto a sidewalk and collide with a couple taking a morning walk.

One pedestrian, 56 year-old David Henson, was airlifted from the scene but later died as a result of his injuries. David's wife, 57 year-old Leslee Henson suffered serious head, neck and back injuries and road rash. Brennan and the driver of the other vehicle were also injured in the crash.

Investigators say a witness saw Brennan "looking down at what he suspected was a cell phone" in the moments immediately prior to the collision. After reviewing Brennan's phone records, police discovered several text messages received and sent by Brennan from her workplace. Brennan claims that the messages were exchanged before she left her house, but authorities say those messages "were received within minutes of the accident. It does not appear that [Brennan] could have sent the texts from her residence."

Brennan is the first person in her county to be arrested for causing a fatal crash while texting, the Daily Spectrum reports. In Utah, state law prohibits all drivers from sending text messages when they're behind the wheel. In fact, a 2012 amendment to this law makes it illegal for drivers to use a hand-held phone in any fashion, other than making calls, receiving calls, or using GPS navigation.

Missouri is one of only 10 states that do not ban texting for drivers of all ages. However, texting drivers can still be subject to criminal charges and personal injury lawsuits when they cause accidents resulting in injuries or fatalities.

Continue reading "Texting driver causes deadly rear-end collision; pedestrian fatally injured" »

As Cape Girardeau car accident lawyers, we frequently work with families who have lost loved ones because of the actions of negligent drivers. In addition to the trauma and grief that accompany such a loss, surviving family members often have to worry about numerous financial matters.

Recently, a wrongful death lawsuit was filed in connection with a semi-truck accident that killed six people who were traveling home after a family vacation. According to the Milwaukee Journal Sentinel, the crash happened in March near Elizabethtown, Kentucky, when a semi rear-ended an SUV, causing the passenger vehicle to burst into flames. The collision killed six occupants of the SUV, including James and Barbara Gollnow, both age 62; their friend Marion Champnoise, 92; their adopted daughter Serena Gollnow, 18; and two of their foster children, 8 year-old Soledad Smith and 10 year-old Gabrielle Zumiga. Two other foster children survived the crash because a Good Samaritan broke the SUV's rear window and helped them escape the burning vehicle.

The semi-truck driver, 47 year-old Ibrahim Fetic, was not injured in the accident. At the scene, Fetic told police that "he saw the vehicle that was in front of him and he hit the brakes and he didn't hit them in time." A federal investigation revealed that Fetic had been driving in excess of hours-of-service regulations, which limit the amount of time semi-truck drivers can be on duty without rest. He had also falsified his record-of-duty status log to cover up the violations. Subsquently, the Federal Motor Carrier Safety Administration (FMCSA) declared Fetic an "imminent hazard" and ordered him to cease all commercial motor vehicle operations. FMCSA officials also shut down Fetic's employer, Michigan-based trucking company Highway Star, Inc.

The wrongful death lawsuit, filed on behalf of the four adults who died in the accident, names both Fetic and Highway Star as defendants. "You can't drive over 70 hours in an eight-day period," Ron Hillerich, attorney for the family, told WLKY Louisville. "[Investigators] found this driver had actually driven 88 hours and was 18 hours over the maximum, which may have led to driver fatigue and him not actually seeing our client slow down on the northbound lane of I-65."

What is wrongful death?
A wrongful death occurs when someone is killed as the result of another person or party's wrongful conduct, which can involve acting either negligently or intentionally. Wrongful death lawsuits are common in cases involving fatal car accidents and medical malpractice, and they allow surviving relatives to recover compensation for their medical expenses, funeral and burial costs, lost future wages and benefits, and other damages and losses.

Continue reading "Fatal semi-truck accident leads to wrongful death lawsuit filed on victims' behalf" »

Sometimes, Missouri car accidents simply can't be avoided. However, there are certain roadway scenarios that often cause drivers to panic and react without thinking, making crashes even more likely. In this post, our Cape Girardeau personal injury lawyers discuss three common driving emergencies and provide some tips for handling these scenarios safely.

Driving Emergency #1: Deer

Most Missouri drivers know that colliding with a deer can be extremely dangerous. According to the Insurance Journal, U.S. deer-vehicle collisions cause an average of 200 deaths and $4 billion in property damage costs every year. These collisions tend to be most common during deer mating season in November, but Cape Girardeau drivers are currently dealing with an overpopulation problem, which makes accidents more likely. If you see a deer along the road, your best bet is to slow down: deer tend to travel in groups, so if there's one in the area, others are nearby.

So, what do you do if a deer darts in front of your vehicle? Safety experts say that it's often best to hit the deer rather than swerving out of your lane, which can cause a rollover accident or a collision with another object, like a vehicle or tree. If impact can't be avoided, grip the steering wheel with both hands, apply the brakes firmly, and bring your vehicle to a controlled stop.

Driving Emergency #2: Tire blowout

A tire blowout can be frightening, which is why many drivers panic and react poorly - often by slamming on the brakes. If you experience tire trouble, resist the impulse to brake suddenly: instead, ease off the accelerator and allow your vehicle to slow down gradually. Then, gently steer your vehicle to the side of the road.

After slowing, the National Safety Council (NSC) recommends rolling the car off the road rather than stopping in the middle of traffic and risking a rear-end or side-impact collision. Be sure to turn on your emergency flashers. If you can change the tire safely, do so - if not, you should call for assistance. As the NSC points out, "changing a tire with traffic whizzing past can be nerve-wracking at best and dangerous at worst."

Driving Emergency #3: Skidding

Turning abruptly, changing lanes suddenly and hard braking can cause your vehicle to skid - especially when these maneuvers are attempted at higher speeds or on slippery roads. Safety authorities agree that the best way to handle this scenario is remove your foot from the gas. Then, nstead of yanking the wheel in the opposite direction (which can lead to over-correction), turn gently in the direction you want the vehicle to go, taking care not to over-steer.

When you feel your vehicle regain traction on the roadway surface, straighten out your wheels. Again, the key is to stay calm and work to bring your vehicle under control.

Continue reading "Safety tips: Handling roadway emergencies that cause Missouri car accidents" »

A recent poll conducted by the National Highway Traffic Safety Administration (NHTSA) indicates that, at any given moment, there are an estimated 660,000 distracted drivers on U.S. roads. What's more, research conducted by Erie Insurance suggests that the most common forms of distraction come from places you might not expect. The insurer analyzed police report data from the 65,000 car accident deaths that occurred in 2010 and 2011, and found that about 10% of those crashes involved distraction as a contributing factor. So, what were the sources of that distraction? In this post, our Cape Girardeau personal injury lawyers discuss a few of the top offenders on Erie's list.

Top ten distractions that cause car accidents in Missouri and nationwide

1. Being "lost in thought" or daydreaming: 62%
Shockingly, Erie's analysis revealed that the vast majority of distraction-related accidents are caused by drivers who are simply "zoning out" while behind the wheel. Letting your mind wander while driving is common, especially for people who spend a lot of time driving. However, doing so can cause you to veer out of your lane, miss your exit, or fail to recognize a roadway hazard in time to react.

2. Using a cell phone (talking, texting, etc.): 12%
It's no secret that cell phone use is a common source of driver distraction. According to NHTSA, using a handheld or hands-free phone behind the wheel delays a driver's reactions as much as a blood alcohol content of 0.08%. Texting is even more dangerous, because it involves three key types of distraction: manual (hands off wheel), visual (eyes off road), and cognitive (mind off driving). A texting driver's crash risk is 23 times that of a non-texting driver.

3. Focusing on an external object or event: 7%
Billboards, buildings and other roadway objects are common external sources of distraction for drivers. Another common cause of accidents is "rubbernecking," which refers to the practice of slowing down and staring at auto accidents, drivers who have been pulled over, and other roadway situations.

4. Paying attention to other vehicle occupants: 5%
Passengers can create an extremely dangerous form of distraction. According to the AAA Foundation for Traffic Safety, parents should be especially careful: young children are reportedly four times more distracting than adults, and infants are eight times more distracting. Teen drivers are also particularly vulnerable to passenger distractions. The Children's Hospital of Philadelphia reports that a teen driver's already-high crash risk more than triples when there are two or more peer passengers in the vehicle.

5. Using or reaching for an object or device brought into the vehicle (2%)
Whether you're using a GPS system or trying to grab a dropped object, "reaching-related" tasks often require you to take your hands off the wheel and your eyes off the road. You may think you're only looking away for a second, but a second is all it takes.

Continue reading "New study identifies most common sources of distraction in fatal car accidents" »

Every single day, thousands of car accidents happen throughout the United States. Sadly, many of these crashes result in serious, life-threatening injuries, often to innocent people who are following all the rules of the road. In this post, our Cape Girardeau personal injury lawyers discuss a common contributing factor in many Missouri accidents: excessive speed.

Is speeding a serious safety issue?
In a word, yes. Consider these statistics:

• According to the Insurance Institute for Highway Safety (IIHS), speeding is a key contributing factor in many fatal crashes nationwide. In 2011, 9,944 Americans were killed in accidents involving speed - that's about one-third of all auto accident fatalities.

• The AAA Foundation for Traffic Safety reports that speeding nearly triples a driver's chances of being involved in an auto accident.

What effect does speeding have on car accident risks?
Excessive speed affects car accident risks - and their resulting injuries - in three key ways:

1. Speeding adds to the distance a vehicle travels between the moment a driver recognizes a roadway situation and the moment he or she reacts to that situation.

2. Speeding increases the distance a vehicle requires to come to a complete stop after the driver hits the brakes.

3. Speeding dramatically increases the energy generated by a crash. "For example," reports the IIHS, "when impact speed increases from 40 to 60 mph (a 50% increase), the energy that needs to be managed increases by 125%." A vehicle's structure and restraint system can only manage a finite amount of crash energy before occupant protection is compromised.

Why do drivers speed?
In a 2012 study conducted by the National Highway Traffic Safety Administration (NHTSA), researchers found that habitual speeders often exhibited personality traits that are linked to other dangerous driving behaviors, like aggressive driving and road rage. However, "[for] the majority of people who did speed occasionally, it tended to depend on the situation they were in, if they were on a road where there wasn't a lot of traffic, if they were in an area where they didn't feel like the hazards weren't as great, if they didn't expect to see a police car."

Here are a few of the most common excuses drivers give for speeding:

• They're in a hurry or running late.
• They're not paying attention to how fast they're going.
• They don't believe speeding is dangerous.
• They don't respect traffic laws.
• They don't expect to get a ticket or be involved in a crash.

Continue reading "Speeding a key contributing factor in many Missouri car accidents" »

As Cape Girardeau personal injury lawyers, we know that young drivers have a high risk of involvement in motor vehicle accidents that result in serious, life-threatening injuries. The good news? Parental involvement in a teen's driving education can dramatically reduce these risks. Establishing ground rules, monitoring your teens' activities, and openly discussing safety concerns can help equip your teen to make responsible choices when he or she is behind the wheel.

Last weekend, six Ohio teens were killed and two others were injured when an SUV struck a guardrail and overturned, landing on its roof in about five feet of water. Investigators say the driver, 19 year-old Alexis Cayson, was traveling at a high rate of speed when she rounded what locals call "Dead Man's Curve," a common site for accidents. One of the surviving passengers told the Associated Press that he repeatedly asked Cayson to slow down before the SUV ran off the road and flipped into a nearby swamp. "The lady driving was playing around when she was driving," 15 year-old Asher Lewis told police. "She was swerving and speeding. I think she was driving on purpose like that but I'm not sure why."

Two teens were able to escape from the vehicle following the crash, including one who broke out the back window with his elbow. Cayson and the other five passengers drowned. An initial investigation revealed that the SUV was overloaded with seven passengers ranging from age 14 to 17, some of whom were sitting on each other's laps, none of whom were wearing seat belts. Authorities say Cayson did not have a valid driver's license and had reportedly taken the SUV's keys from her roommate's brother without permission. It's not yet clear exactly where the group was headed, but reports suggest that a few of the victims may have misled their parents about their whereabouts on the day of the crash.

Car accidents and teen drivers: The eye-opening statistics

• Auto accidents are the number one cause of death among adolescents. Annually, about 3,000 teens are killed in U.S. crashes - that's about eight deaths every single day.

• Drivers between age 16 and 19 have a crash risk that is four times higher than older, more experienced drivers.

• Approximately 75% of serious accidents involving teen drivers are caused by critical driver errors - and about half of these crashes can be attributed to one of the following three errors: failure to scan roadway conditions to recognize and respond to hazards; failure to maintain an appropriate speed, given roadway and/or traffic conditions; and driver distraction, caused by a factor inside or outside the vehicle.

• A teen driver's already-high crash risk more than triples when he or she is driving with two or more peer passengers in the vehicle.

• Teen drivers are half as likely to crash when their parents set driving rules and monitor their activities in a helpful, supportive way.

Continue reading "Recent fatal crash underscores risks for teen drivers in Missouri, nationwide" »

As Missouri car accident lawyers, we know that alcohol is a leading contributing factor in many serious crashes throughout the state - crashes that often cause injury to innocent motorists who just happened to be in the wrong place at the wrong time. And yet many drivers still choose to get behind the wheel after they've been drinking. The consequences of this dangerous choice can be devastating.

Recently, a Missouri woman was charged with multiple criminal offenses after she allegedly drove drunk and caused two separate accidents last October, one of which left another driver seriously injured. The St. Louis Post-Dispatch reports that 44 year-old Terri Blachek has been charged with two counts of felony assault while intoxicated resulting in injury, two counts of misdemeanor assault, and one misdemeanor count of careless and imprudent driving. Authorities say Blachek was driving south in the northbound lanes of Highway 40/61 on when she struck another vehicle head-on.

The other driver, 61 year-old Steven Fleming, suffered multiple injuries in the crash, including several broken bones, a fractured femur and rubs, a tear in his left lung, and multiple cuts and abrasions. A passenger, 34-year old Ryan Fleming, suffered moderate injuries in the crash. In addition, prior to the head-on collision, Blachek had reportedly swerved to avoid hitting another northbound vehicle, forcing that car into the ditch.

Blachek was also seriously injured in the accident: she and Steven Fleming were airlifted from the scene, while Ryan Fleming was taken by ambulance. According to responding officers, Blachek was unresponsive following the crash, but a bottle of vodka was found in her passenger floorboard. Her blood alcohol content was later found to be 0.149%, nearly twice the legal limit.

How is driving performance impacted by alcohol use?

• Concentration: Reduced ability to focus on multiple driving-related tasks at the same time
• Comprehension: Reduced ability to recognize situations, signs and signals that indicate a roadway emergency is present; and to respond to that emergency quickly, safely and appropriately
• Coordination: Marked deterioration of motor skills, physical capacities and senses, including muscle control and vision
• Judgment: Reduced ability to make reasonable, responsible decisions (which presents itself at BACs as low as 0.02%)

Continue reading "Alcohol and Missouri car accidents: The risks and the consequences" »

Recently, officials from the Federal Railroad Administration announced that train accidents are on the decline here in Cape Girardeau, Missouri and nationwide. In 2012, train accidents fell by 16.5%, making the year "the safest year in railroad history." However, as the St. Louis Post-Dispatch reports, collisions involving trains and pedestrians actually increased by 7.5% in 2012, while pedestrian injuries rose by 10.4%. Authorities say many of the 2012 train accidents involving pedestrians occurred simply because of individuals walking on the tracks. In fact, within less than two months last summer, two teens died while walking along train tracks in the St. Louis area - both were reportedly wearing earbuds and likely didn't hear the train coming.

"We are gratified with the continued improvement in highway-rail grade crossing collisions, but educating a distracted public in order to reduce trespassing injuries and fatalities continues to be a challenge," said Joyce Rose, CEO of Operation Lifesaver, a non-profit organization that promotes rail safety.

Rail safety: Information for Missouri pedestrians

• Remember that railroad tracks, trestles, yard and equipment are considered private property. From a legal perspective, you are guilty of trespassing if you are in a rail yard when uninvited by a railroad official. And more importantly, you're also at risk of serious, life-threatening injury.

• Trains usually aren't able to stop in time to avoid obstacles they encounter on the tracks. A train can require more than a mile to stop after the engineer hits the emergency brake. Consequently, it's extremely unlikely that an engineer who suddenly sees someone on the tracks could stop a train in time to avoid a collision.

• Don't attempt to cross train tracks on foot unless you are at a designated public crossing marked by flashing red lights, a gate or a crossbuck.

• Walking next to train tracks can also be extremely risky. Pedestrians should note that trains can overhang the tracks by three feet or more, and loose straps on rail cars may extend even further.

• Distractions can add to a pedestrian's injury risks. In fact, a growing number of train/pedestrian collisions occur because the pedestrian is wearing earbuds or headphones and simply can't hear a train as it approaches. A study from the journal Injury Prevention found that trains are the main type of vehicle involved in fatal crashes involving pedestrians wearing headphones. The study cites several cases where "the cars or trains were sounding horns that the pedestrians couldn't hear, leading to fatalities in nearly three-quarters of cases."

Continue reading "Train accidents decrease in southeast Missouri & nationwide - except those involving pedestrians" »

When it comes to Missouri car accidents, teen drivers are more at-risk than any other age group. According to a recent report from the Governors Highway Safety Association, 16 and 17 year-old driver deaths rose by 19% during the first six months of 2012. In this post, our Cape Girardeau personal injury lawyers discuss a few factors that often play a role in accidents involving teens.

Teen drivers and Missouri car accidents: Common contributing factors

• Inexperience. A large portion of teen driving accidents are caused by a simple lack of experience behind the wheel. Because they're new to driving, teen drivers have a hard time recognizing roadway hazards and responding to them appropriately. What's more, teens don't always understand their limitations: a study conducted by the Center for Injury Research and Prevention at the Children's Hospital of Philadelphia found that many teens misgauge their level of driving experience. "Teenagers are not recognizing themselves as inexperienced drivers," said Dr. Kenneth Ginsburg, the study's lead researcher. "They are really viewing experience as something that is solved by getting a driver's license."

• Distractedness. Distracted driving has become a nationwide epidemic, and it's especially prevalent in teens. In a 2011 government survey of more than 15,000 high school students, 58% of high school seniors admitted to texting while driving within the previous month. The dangerous combination of inexperience and distractedness is likely a key contributor to the recent increase in teen driver deaths: annually, 21% of fatal accidents involving drivers age 16 to 19 are caused by some form of cell phone use. Teen passengers have also proven to be a dangerous distraction for young drivers: a teen driver's crash risk is more than tripled when two or more peer passengers are in the vehicle.

• Speed. Research suggests that teen drivers are more likely to speed than older drivers and less likely to adjust their speed for traffic, weather or roadway conditions. In addition, young drivers often fail to recognize the relationship between excessive speed and car accident risks. Speed affects crash risks and injury severity in three basic ways: (1) it increases the distance a vehicle travels from the time a driver recognizes a roadway hazard to the time the driver responds; (2) in increases the distance a vehicle needs to stop once the driver hits the brakes; and (3) it increases the energy created by a crash, making serious injuries more likely.

• Alcohol. According to the Centers for Disease Control (CDC), there has been a 54% decrease in teen drinking and driving since 1991, which indicates that teens are becoming increasingly aware of the dangers associated with driving under the influence. However, alcohol continues to play a role in many fatal crashes involving teen drivers. Of drivers between age 16 and 19 who were killed in 2010 auto accidents, 26% of males and 19% of females had a blood alcohol content of 0.08% or higher. And in 2011, the CDC says nearly one million teen drivers got behind the wheel after drinking alcohol.

Continue reading "Report: Teen driver deaths increased "dramatically" in early 2012" »

Most of us associate the term distracted driving with distractions inside a vehicle, like cell phones, food and drink, loud music, passengers and dropped objects. As our Cape Girardeau personal injury lawyers know, those forms of distraction can be extremely dangerous, but they can at also be controlled by responsible motor vehicle occupants. But what about distractions that exist outside the vehicle? Current research indicates that external distractions can also divide a driver's focus and threaten roadway safety, both here in Missouri and worldwide.

The National Highway Traffic Safety Administration defines an external distraction as "event, object, person, or activity outside the vehicle. Relevant examples include searching for a street address, construction activity, looking at a building or scenery, looking at a sign, looking at a previous crash site, etc." NHTSA officials say distracted driving accidents frequently occur because drivers are preoccupied with external events or objects.

For example, two recent studies explore the way drivers respond to billboards:

• In January, a Swedish study suggested that drivers look at digital billboards for much longer than they look at regular billboards located on the same stretch of roadway. The study, published in Traffic Injury Prevention, says that digital billboards often take a driver's eyes off the road for more than a period two seconds. Two seconds may not sound like a long time, but the Virginia Tech Transportation Institute says any factor that takes a driver's eyes off the road for two seconds or longer makes an auto accident much more likely.

• The second study, published in February by Accident Analysis and Prevention, focuses on the emotional effect of digital billboards on drivers and driving ability. Researchers from the University of Alberta used a driving simulator and a progression of 20 billboards displaying three categories of words: positive (like beach, cheer, love); neutral (like engine, lawn, pencil); and negative (like, cancer, killer, war). They found that drivers tended to slow down when approaching billboards containing either positive or negative words. After passing a negative billboard, they tended to veer out of their lane, but they were more likely to speed up after passing a positive billboard. Michelle Chan, co-author of the study, determined that all three groups of words led to some measure of driver distraction, but the emotionally charged words tended to have the greatest impact on driving performance.

Continue reading ""External distractions" contribute to Missouri car accidents" »

The aftermath of a serious car accident can be a confusing, overwhelming time for injury victims, who often have numerous questions and concerns. In this post, our Cape Girardeau personal injury lawyers answer some of the questions we commonly hear from car accident victims.

What are the most important steps to take immediately after a car accident?

If you've involved in a collision, stay at the scene and contact authorities. First and foremost, call for an ambulance if anyone was injured in the crash - getting immediate medical attention for injury victims is the most essential step. You'll also want to speak with the responding law enforcement officers about the circumstances surrounding the accident. Doing so will create a formal record of the incident that may be extremely important in the future.

What information do I need to keep a record of?

When you can, collect as much information as possible at the accident scene - it's a good idea to keep a pen and paper in your vehicle, just in case you need them. Write down the time, date, and location of the accident, along with names and contact information for all involved parties and witnesses. Exchange insurance information with the other drivers involved in the crash. Finally, if you've been injured, it's also a good idea to make some notes about the nature/extent of any and all injuries you sustained.

How do I know if I have a personal injury claim?

The best way to know for sure is to speak with a personal injury lawyer. In general, however, you may have a personal injury claim if you suffered physical injury caused by the negligence of another party. This negligence need not involve intentional wrongdoing - if another driver's carelessness or unreasonable conduct caused you bodily harm, that driver may be liable for your injuries.

Do I need to file a claim within a specific time frame?

Yes, Missouri's statute of limitations limits the time frame in which a personal injury lawsuit can be filed. Also, there may be other time limits, notice requirements and restrictions that narrow the time period within which you must file a claim. A personal injury attorney can review the specific details surrounding your accident and help you understand any time restrictions that may apply to your claim.

How do I know what my case is worth?

Numerous factors can affect the value of a personal injury claim, including your reasonably related expenses, your lost wages, and your pain and suffering. Determining what a case is worth requires a full evaluation of your injuries and damages.

Continue reading "I've been injured in a Cape Girardeau car crash: What now?" »

As Cape Girardeau personal injury lawyers, we know that car accidents are a leading cause of traumatic brain injuries (TBIs). The Brain Injury Association identifies two main types of TBIs: penetrating injuries, where a foreign object penetrates the brain and damages specific tissues; and closed head injuries, where a blow to the head causes the brain to knock against the inside of the skull. Closed head injuries can result in primary brain damage, or damage that is complete at the time of the injury (i.e. bruises, contusions, skull fractures, etc.), but they can also cause secondary brain damages, or damage that manifests itself over time. In the case of secondary brain damage, symptoms may not present themselves immediately following an injury. That's why it's so important to seek medical attention following a head injury, even if you think you're not badly hurt.

Here are a few common symptoms of TBIs:

• Severe, persistent headache
• Drowsiness, dizziness or loss of vision
• Numbness or weakness in the arms or legs
• Abnormal behavior
• Nausea and vomiting
• Stiffness in the neck or shoulders
• Slurred speech
• Confusion or loss of consciousness

Facts about Traumatic Brain Injuries (TBIs) and Missouri car accidents:

• About two million Americans suffer various forms of head injuries each year, and about 5.3 million live with a long term disability caused by a TBI.

• TBIs cause about 34% of all injury deaths, and auto accidents cause about 28% of all TBIs and about 31.8% of all TBI fatalities.

• According to the Centers for Disease Control and Prevention, TBIs can result in numerous short or long term health consequences, depending on the nature and severity of the injury. Individuals suffering from TBIs may experience changes to their thinking (memory and reasoning); sensations (touch, taste and smell); language (speech, communication and understanding); and emotion (personality, mood and behavioral changes).

• A TBI victim is more likely to develop epilepsy, Alzheimer's disease, Parkinson's disease and other brain disorders.

• Treatment for a TBI may involve immediate emergency care, medications (like diuretics and anti-seizure drugs), surgical procedures (to repair skull fractures, remove blood clots or relieve pressure on the brain), and rehabilitation. These forms of treatment can result in numerous medical expenses, both in the present and throughout the victim's life.

• Annually, direct and indirect costs associated with TBIs amount to an estimated $43.8 billion. For a single person who survives a severe TBI, lifetime costs can reach $4 million.

Continue reading "Traumatic brain injury & southeast Missouri auto accidents: Facts for injury victims" »

On average, more than two million Americans suffer injuries in car accidents each year. In all too many cases, the victims of these crashes are left with catastrophic injuries, which can have an enormous impact on the victims' future quality of life. A catastrophic injury can leave an individual unable to work and in need of constant care - while accruing extensive medical expenses. Often, these injuries occur suddenly and unexpectedly, and they have long-term implications not just for the victims, but for their families and loved ones. The aftermath of such an injury can be a confusing, overwhelming time for everyone involved.

If you or a loved one has suffered a catastrophic injury in an auto accident caused by another driver's negligence, it may be beneficial to seek advice from an experienced personal injury lawyer. An attorney can review the specific details of your case and advise you of your legal rights and options.

What is a catastrophic injury?

A catastrophic injury is an injury that causes permanent disability or results in the need for long-term medical treatment and/or rehabilitation. Here are some examples of catastrophic injuries that are common in serious car accidents:

• Severe burn injuries, which can require multiple surgeries and cause chronic pain and suffering, permanent scarring and disfigurement, and physical limitations.

• Injuries to the back, neck or spinal cord, which can cause permanent disability, paraplegia and quadriplegia.

• Traumatic brain injuries (TBIs), which can impair a victim's motor skills, speech, sight and memory. TBI's can also cause psychological issues like mood swings, depression and insomnia.

• Bone injuries or loss of limb, including fractures and permanently damaged joints, which can limit mobility and necessitate multiple medical procedures.

What kind of compensation is available in a catastrophic injury case?

Victims of catastrophic injury may be entitled to compensation for their expenses and damages, which may include medical bills, missed work, reduced earning capacity, pain and suffering, and other losses. The amount and kind of compensation available varies, depending on the case.

The other driver's insurance company keeps calling me. What should I say?

You have no legal duty to cooperate with adjusters who represent the at-fault driver's insurer. We encourage you to speak with a lawyer before you give an adjuster a recorded statement about your accident and before you sign any documents. In many cases, accident victims feel pressured to accept a settlement offer just to put the ordeal behind them. However, especially in the case of catastrophic injury, you need to make sure that your current and future needs are met before you settle your claim. In many cases, accepting a settlement means that you are waiving your right to receive any future compensation from the insurer.

Continue reading "Catastrophic injuries & Missouri car accidents: Frequently asked questions" »

Here in Missouri, speed was a contributing factor in 270 fatal accidents and 7,558 injury crashes in 2011 alone. These accidents resulted in 304 deaths and 11,096 people injured. According to the Missouri Highway Patrol, exceeding the speed limit or driving too fast for roadway conditions is a leading cause of serious car accidents throughout the state. As Cape Girardeau car accident lawyers, we know first-hand that speeding can prove to be a dangerous, often deadly mistake.

In 1995, the National Highway System Designation Act repealed the national maximum speed limit, which cleared the way for individual states to determine their own speed limits. In the 17 years that followed, 35 states - including Missouri - increased their maximum speed limit to 70 miles per hour. Studies have shown that increased speed limits don't necessarily cause a higher number of car accidents accidents, they definitely produce more serious crashes.

According to the Insurance Institute for Highway Safety (IIHS), speed can affect car accidents - and their resulting injuries - in three basic ways:

1. Speeding vehicles travel a greater distance in the time between the moment a driver recognizes an emergency and the moment the driver reacts to that emergency.

2. Speeding vehicles require more time and space to stop following the moment a driver hits the brakes.

3. Speeding vehicles create more crash energy. When a collision occurs, the crash energy created must be managed by the vehicles involved, their restraint systems, and roadway fixtures like crash barriers. The greater the speed, the greater the crash energy produced: for example, if impact speed increases from 40 miles per hour to 60 miles per hour, the crash energy also increases - by a staggering 125%. Thus, when crashes occur at high speeds, the crash energy can be too severe "that the vehicle structure cannot withstand the force of the crash and maintain survival space in the occupant compartment."

When a collision involves a car and a pedestrian instead of two vehicles, the effect of impact speed is even more directly tied to the level of injury. A study conducted by the AAA Foundation for Traffic Safety determined that the average risk of severe injury in a pedestrian collision increases dramatically with impact speed:

• If impact speed is 16 mph, the pedestrian injury risk is 10%.
• If impact speed is 31 mph, the pedestrian injury risk is 50%.
• If impact speed is 39 mph, the pedestrian injury risk is 75%.
• If impact speed is 46 mph, the pedestrian injury risk is 90%.

As personal injury lawyers, we'd like to encourage drivers in southeast Missouri to be mindful of the dangers associated with speed - especially when certain roadway conditions (like construction work, bad weather, or congested traffic) are a factor. Remember that your safety - and the safety of the other motorists traveling near you - is of the utmost importance. Slow down, be patient, and focus on arriving safely at your destination - even if it takes it little longer than you'd like.

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